REGULAR MEETING MONDAY, JANUARY 22, 2018 COUNCIL CHAMBERS 7:00 P.M.

The Regular Meetings of City Council are filmed and can be viewed LIVE while the meeting is taking place or at your convenience at any time after the meeting on the City’s website at www.ReadingPa.gov, under “Live and Archived Meeting Videos”. All electronic recording devices must be located behind the podium area in Council Chambers and located at the entry door in all other meeting rooms and offices, as per Bill No. 27-2012.

RULES FOR PUBLIC PARTICIPATION AT COUNCIL MEETINGS The Administrative Code, Section § 5-209 defines public participation at Council meetings. 1. Citizens attending Council meetings are expected to conduct themselves in a

responsible and respectful manner that does not disrupt the meeting. 2. Those wishing to have conversations should do so in the hall outside Council

Chambers in a low speaking voice. 3. Public comment will occur only during the Public Comment period listed on the

agenda at the podium and must be directed to Council as a body and not to any individual Council member or public or elected official in attendance. Clapping, calling out, and/or cheering when a speaker finishes his comments is not permitted.

4. Citizens may not approach the Council tables at any time during the meeting. 5. Any person making threats of any type, personally offensive or impertinent

remarks or any person becoming unruly while addressing Council may be called to order by the Presiding Officer and may be barred from speaking, removed from Council Chambers and/or cited.

6. Failure to abide by these regulations could result in your removal from Council Chambers and/or a citation. These regulations are meant to avoid disruptions at the meeting and they are not meant to interfere with public participation.

1. OPENING MATTERS

CITY COUNCIL Meeting Agenda

A. CALL TO ORDER B. INVOCATION: Pastor Randall Grossman, Grace Bible Fellowship C. PLEDGE TO THE FLAG D. ROLL CALL 2. PROCLAMATIONS AND PRESENTATIONS

• Recognition from the Reading Police Department for Keith Claytor and Kyle Hummel for their repeated contributions to support the Reading K9 Program

3. PUBLIC COMMENT – AGENDA MATTERS: Citizens have the opportunity to address the Council, by registering with the City Clerk by 5 pm on the day of the scheduled Council meeting or by legibly printing their name, address and the subject matter to be discussed on a sign-up sheet found on the podium in Council Chambers between 5 pm and 7 pm on the day of the scheduled meeting. All remarks must be directed to Council as a body and not to any individual Council member or public or elected official in attendance. Any person making personally offensive or impertinent remarks or any person becoming unruly while addressing Council may be called to order by the Presiding Officer and may be barred from speaking before Council, unless permission to continue speaking is granted by the majority vote of Council. All comments by the public shall be made from the speaker's podium. Citizens attending the meeting may not cross into the area beyond the podium. Any materials to be distributed to Council must be given to the City Clerk before the meeting is called to order. Those commenting on agenda business shall speak at the beginning of the meeting and shall limit their remarks to 5 minutes. Those commenting on general matters shall speak after the legislative business is concluded and shall limit their remarks to 3 minutes. No comments shall be made from any other location except the podium, and anyone making "out of order" comments may be subject to removal. There will be no demonstration, including applause or cheering, at the conclusion of anyone's remarks. Citizens may not ask questions of Council members or other elected or public officials in attendance. 4. APPROVAL OF AGENDA & MINUTES A. AGENDA: Meeting of January 22, 2018 B. MINUTES: January 8, 2018 Regular Meeting (postponed to January 10th due to inclement weather) 5. Consent Agenda Legislation A. Award of Contract - B. Award of Contract - C. Resolution – authorizing conditional offers of employment to the following for the Dept of Fire & Rescue services

For the position of Paramedic/Firefighter: Paul Brutto Thomas McClafferty For the position of Firefighters: William Corvese Wade VanBuskirk

Cody Schaeffer Paul Dudan Kurtis Knauss

D. Resolution – authorizing a settlement agreement with Evergreen-Cederpak LLC, attached as Exhibit “A,” to resolve all outstanding sewer payments from 2009 to 2017.

6. ADMINISTRATIVE REPORT 7. REPORT FROM OFFICE OF THE AUDITOR 8. REPORT FROM DEPT. DIRECTORS, BOARDS, AUTHORITIES, & COMMISSIONS 1. Reading Public Library – Bronwen Gamble 2. Presentation of the 2016 External Audit – Christopher Turtell, Herbein & Co. 9. ORDINANCES FOR FINAL PASSAGE Bill No. 2-2018 – restricting parking, and maintaining the requisite No Parking signs along both sides of North Second Street in the 000 block (between Washington Street and Penn Street), with the exception of 8 parking spaces to be located along the east side of North Second Street, between Court Street and Penn Street. The purpose is to comply with the conditions of PennDOT Highway Occupancy Permit No. 134367 and the 2nd and Washington Streets Intersection Improvement Project Introduced at the December 18 regular meeting; Tabled at the January 8 regular meeting-postponed until January 10th

Pending 14 day layover A. Ordinance – approving three transfers within the 2017 Self Insurance Fund Budget: $21,000 from line item Water/Sewer Main Breaks into line item Premium Payments; $29,000 from Water/Sewer Main Breaks into line item Incurred Liability Claims; and $350,000 from line item W/C Claims Medical to line item Incurred Liability Claims Introduced at the January 8 regular meeting which was postponed to January 10 due to weather conditions B. Ordinance – amending the City Code to correct the definition of “Contaminated Waste/Biological Waste/Biohazard Waste” in Chapter 540 – Tattoo and Piercing Establishments, Section 540-103 Word usage and definitions Introduced at the January 8 regular meeting which was postponed to January 10 due to weather conditions

10. INTRODUCTION OF NEW ORDINANCES A. Ordinance – amending the City Code § 496-204 (A) Curbside Waste Collection Fee by providing clarification on the need to define the cost of the program annually by providing a report on the programs revenues and expenses to City Council

11. RESOLUTIONS

A. Resolution – 12. PUBLIC COMMENT – GENERAL MATTERS Please see public speaking rules on second page 13. COUNCIL BUSINESS/COMMENTS 14. COUNCIL MEETING SCHEDULE Monday, January 22 Committee of the Whole – Penn Room – 5 pm Regular Meeting – Council Chambers – 7 pm Saturday, January 27 Strategic Planning – Penn Room – 8:30 am - 1 pm Monday, February 5 Nominations & Appointments Committee – Council Office – 4 pm Strategic Planning Committee – Penn Room – 5 pm Monday, February 12 Committee of the Whole – Penn Room – 5 pm Regular Meeting – Council Chambers – 7 pm Monday, February 19 **City Hall closed – President’s Day holiday** **Tuesday, February 20** Committee of the Whole – Penn Room – 5 pm

15. BAC AND COMMUNITY GROUP MEETING SCHEDULE Monday, January 22

DID Authority – 645 Penn St 1st floor – noon Tuesday, January 23 Environmental Advisory Council – Public Works – noon Housing Authority Workshop – WC Building – 4 pm Housing Authority – WC Building – 5 pm Planning Commission – Penn Room – 6 pm Penn’s Common Neighborhood Group – Penn’s Common Meeting room – 7 pm Wednesday, January 24 Main Street Board – Chamber Office – 3:30 pm Monday, January 29 District 7 Crime Watch – Holy Spirit Church – 7 pm Wednesday, January 31 Parking Authority – Penn Room – 5:30 pm Thursday, February 1 Police Civil Service Board – Penn Room – noon Tuesday, February 6 Board of Health – Penn Room – 4 pm Charter Board – Penn Room – 7 pm Wednesday, February 7 Reading Elderly Housing Crime Watch – Front & Washington Sts – 2:30 pm District 2 Crime Watch – St Paul’s Lutheran Church – 6:30 pm Thursday, February 8 Police Pension Board – 3rd floor conference room – 9:30 am Outlet Area Neighborhood Assn – St Mark’s Lutheran Church – 6:30 pm Sunday, February 11 College Heights Community Council – Nativity Lutheran Church – 7 pm 16. ADJOURN

City of Reading City Council Regular Meeting January 10, 2018

Postponed from January 8th

Council President Waltman called the meeting to order. The City Clerk noted that the January 8th meeting was postponed until January 10th due to inclement weather. The invocation was given by Councilor Brian Twyman. All present pledged to the flag. The executive session held during the Committee of the Whole meeting was regarding litigation.

ATTENDANCE Council President Waltman Councilor Sihelnik, District 1 Councilor Goodman-Hinnershitz, District 2 Councilor Twyman, District 3 Councilor Marmarou, District 4 Councilor Reed, District 5 Councilor Slifko, District 6 City Auditor D. Cituk Acting City Solicitor J. Krafczek City Clerk L. Kelleher Managing Director G. Steckman Mayor W. Scott PROCLAMATIONS AND PRESENTATIONS None PUBLIC COMMENT Council President Waltman stated that there are three (3) citizens registered to address Council on agenda matters. Councilor Reed read the public speaking rules that were adopted by Council.

Cathy Curran-Myers, of Alsace Road and Chair of the City’s EAC, stated that her letter regarding the EAC’s current position on the proposed monopole for Hampden Park was distributed to Council. She highlighted the key points contained in the letter. She expressed the belief that although this area has not been surveyed, the steep slope provisions may apply and have a greater impact environmental issues. The EAC believes the area is not suitable for a cell tower due to the defined purpose of the park and the natural preserve. She noted that this park and adjoining trail system is heavily used by those who reside in the area and students attending the educational facilities located on North 13th Street. She expressed concern about resulting public policy and land use issues. Chris Schubert, Esq., representing Eco Site, distributed photographs depicting the proposed monopole for Hampden Park and photographs showing a similar monopole against a wooded background in another municipality. He explained the installation of the monopole will provide connectivity for residents and visitors in this area. He noted that physical improvements have been made in this area of the park – baseball field, tennis court, football field and storage shed – and that those who use these facilities cannot pick up cell service in this location. He explained that the approval of this lease agreement for the monopole is the first in a multi-step process that will require the approval of other agencies. Gino Sainte-Rose, of Eco Site, stated that the first step after the lease is executed is a $2500 signing bonus paid to the City. After the lease is signed approvals from the City’s zoning board and other agencies are required. He noted the extensive amount of input obtained from the administration and City Council. He also noted that the location of the proposed monopole was shifted to a different area as requested by City Council. He stated that at the previous meetings, some Councilors suggested relocating the monopole to the railroad track area located along North 6th Street. However, he reminded Council that moving the monopole to this location will require the installation of a much higher tower, as the signal travels downward not upward, and will require the use of flashing lights on the top of the pole. He noted that installing the pole in this area of Hampden Park allows a shorter pole that does not require any lighting. He noted that cell companies are afforded many rights by the FCC and that the FCC may be able to override a decision against the installation of this monopole. He stated that some Councilors suggested installing multiple devices on streetlight poles throughout neighborhoods and he described the unsightly configuration of these devices. He reminded Council that this one (1) monopole can provide service to four (4) other cellular providers and that the City’s zoning ordinance requires co-location.

APPROVAL OF THE AGENDA & MINUTES Council President Waltman called Council's attention to the agenda for this meeting, including the legislation listed under the Consent Agenda heading and the minutes from the December 18th Regular Meeting of Council. He announced the need to make the following agenda amendments:

1. Adding a resolution to the Consent Agenda authorizing the promotion of Christopher Gaughan to Sergeant

2. Adding a resolution to the Resolution section authorizing a MOU with Animal Rescue League for animal control services for a one (1) year period

3. Withdrawing the Park Code amendment under Introduction of New Ordinances Councilor Marmarou moved, seconded by Councilor Twyman, to approve the minutes from the December 18th Regular Meeting of Council and the agenda, as amended, including the Consent Agenda legislation. The motion was approved unanimously. Consent Agenda C. Resolution 1-2018 – appointing five (5) probationary police officers to the Reading Police Department D. Resolution 2-2018– authorizing the disposal of 2010 financial interest and gift forms for the City Clerk’s Office E. Resolution 3-2018– authorizing $20,000.00 in HOME Administrative Funding to Urban Design Ventures for HOME Program Technical Assistance services. E. Resolution 10-2018– authorizing the promotion of Officer Christopher Gaughan to the rank of Sergeant ADMINISTRATIVE REPORT The mayor welcomed Councilor Sihelnik to City Council. He stated that he looks forward to building a fruitful relationship. The managing director invited Councilor Sihelnik to schedule meetings with him to allow the discussion about various issues. The managing director announced the arrival of the new Fire Department ladder truck from Wisconsin.

Councilor Goodman-Hinnershitz thanked the Police Department for taking action against those vehicles parked in front of fire hydrants, as this has been a problem City-wide for a number of years. She also thanked the Public Works Department for their snow/ice removal during the past winter weather events and the Animal Rescue League for calling a Code Blue to assist the dogs residing in Reading. Council President Waltman questioned why people driving vehicles would drive into an active fire scene and then choose to park at a fire hydrant being used to fight the fire. He also noted the need to keep neighborhood fire hydrants clear of snow and debris so they are always available to fire fighters. Councilor Slifko complimented the Public Works Department for their snow and ice removal efforts and he noted that the conditions on City streets were much better than the driving conditions in surrounding municipalities. AUDITOR’S REPORT City Auditor Cituk read the report distributed to Council at the meeting, in summary:

• 2013-17 Admissions Tax collection • 2013-17 Real Estate Transfer Tax

The Auditor welcomed Councilor Sihelnik to City Council. He stated that the 2016 External Audit will be presented at the January 22nd Council sessions. He stated that an electronic copy of the audit will be distributed in advance. REPORT FROM DEPT. DIRECTORS, BOARDS, AUTHORITIES, & COMMISSIONS

Reading Public Library Report – Bronwen Gamble Executive Director – rescheduled for January 22nd.

ORDINANCES FOR FINAL PASSAGE Bill No. 1-2018 – authorizing a utility easement at the Masano properties on Lancaster Ave Introduced at the December 18 regular meeting Councilor Marmarou moved, seconded by Councilor Reed, to enact Bill No. 1-2018. The managing director explained that these easements will allow for the expansion of two (2) automobile showrooms. Bill No. 1-2018 was enacted by the following vote:

Yeas: Goodman-Hinnershitz, Marmarou, Reed, Sihelnik, Slifko, Twyman, Waltman, President - 7 Nays: None – 0

Bill No. 2-2018 – restricting parking, and maintaining the requisite No Parking signs along both sides of North Second Street in the 000 block (between Washington Street and Penn Street), with the exception of 8 parking spaces to be located along the north side of North Second Street, between Court Street and Penn Street. The purpose is to comply with the conditions of PennDOT Highway Occupancy Permit No. 134367 and the 2nd and Washington Streets Intersection Improvement Project Introduced at the December 18 regular meeting Councilor Goodman-Hinnershitz moved, seconded by Councilor Slifko, to table Bill No. 2-2018. Bill No. 2-2018 was tabled by the following vote:

Yeas: Goodman-Hinnershitz, Marmarou, Reed, Sihelnik, Slifko, Twyman, Waltman, President - 7 Nays: None – 0

Bill No. 3-2018 – authorizing the execution of a lease agreement for the installation of a monopole for T Mobile within Hampden Park near the baseball field located in the vicinity of Alsace Road Introduced at the December 18 regular meeting Councilor Marmarou moved, seconded by Councilor Goodman-Hinnershitz, to enact Bill No. 3-2018. Councilor Slifko noted the EAC’s opposition to the proposed monopole, as presented in the letter distributed at the Committee of the Whole meeting and electronically. He stated that since moving into Reading many years ago, he has always been impressed by the green oasis as a backdrop against Reading’s urban environment. He expressed the belief that this icon makes Reading, Reading and it should not be compromised. He also expressed the belief that approving this lease agreement sets a dangerous precedent that may allow additional construction in this area. He suggested that Eco Site explore other less intrusive alternatives. He expressed the belief that the zoning ordinance prohibits this use in this area and questioned how the lease could be approved. The managing director explained the administration’s approach to considering this monopole lease proposal, based on the need to improve cellular connectivity. He stated that various locations were considered and this location was found be the most unobtrusive. He explained the amount of input received from City Council which shifted

the proposed location to this site. He stated that relocating the monopole to the North 6th Street railroad property would create the need to build a pole over 250’ high which would require the installation of a flashing light, as the location is within the flight path for the Reading Airport. He expressed the belief that this alternative site would be visibly obtrusive to many residential areas. He stated that the proposed lease is the best deal for the City as it will provide $765K for parks and recreation services over the next 20 years. Councilor Twyman thanked Eco Site for allowing City Council to have input on the location of the monopole. He expressed the belief that the proposed location is ideal. He stated that he agrees with the comments made by Councilor Slifko but supports the lease agreement as it will improve connectivity for this area. He noted that the approval of the lease agreement is the first in a multi-step process to have the installation completed and those additional steps provide the necessary checks and balance. He stated that while he usually supports environmental and preservation issues, he agrees with the installation of the monopole and he noted that the new location selected with Eco Site provides the best location with reduced tree loss. Councilor Reed thanked Eco Site for their work and cooperation with Council and the administration; however, she stated that she cannot support the proposed monopole lease within Hampden Park. Councilor Goodman-Hinnershitz expressed the belief that the proposed location off Alsace Road is appropriate due to its location near three athletic facilities installed at the park. She also expressed the belief that the monopole will provide connectivity to the trail system located on Mount Penn, which is needed for the safety of those who use the trail system. She expressed the belief that the installation of this monopole will be unobtrusive and will not destroy the beauty of the mountain. Council President Waltman stated that he has mixed feelings about this issue. He thanked Eco Site for their work with the administration and Council. He stated that his hesitation to support the lease agreement is based on the size of the concrete pad and the need for a generator. He stated that other areas should be considered. He noted that once a green area is gone, it’s gone forever. He stated that he will not support the lease agreement. Bill No. 3-2018 was enacted by the following vote:

Yeas: Goodman-Hinnershitz, Marmarou, Sihelnik, Twyman - 4 Nays: Reed, Slifko, Waltman, President – 3

INTRODUCTION OF NEW ORDINANCES

Councilor Goodman-Hinnershitz read the following ordinances into the record: A. Ordinance – approving three transfers within the 2017 Self Insurance Fund Budget: $21,000 from line item Water/Sewer Main Breaks into line item Premium Payments; $29,000 from Water/Sewer Main Breaks into line item Incurred Liability Claims; and $350,000 from line item W/C Claims Medical to line item Incurred Liability Claims WITHDRAWN - B. Ordinance - amending the City Code Chapter 396 Parks and Recreation, Part 3 Park Use as attached to correct and clarify C. Ordinance – amending the City Code to correct the definition of “Contaminated Waste/Biological Waste/Biohazard Waste” in Chapter 540 – Tattoo and Piercing Establishments, Section 540-103 Word usage and definitions RESOLUTIONS A. Resolution 4-2018– appointing Angella Singletary to the Board of Ethics Councilor Marmarou moved, seconded by Councilor Twyman, to adopt Resolution No. 4-2018. Councilors Marmarou and Slifko described the skill and enthusiasm Ms. Singletary will bring to the Ethics Board. Resolution No. 4-2018 was adopted by the following vote:

Yeas: Goodman-Hinnershitz, Marmarou, Reed, Sihelnik, Slifko, Twyman Waltman, President - 7 Nays: None – 0

B. Resolution 5-2018– approving the transfer of the Restaurant Liquor License No. R-13447, LID No. 70652 from Wyomissing, PA into the City of Reading for Salguero’s Inc., for 702 North 8th Street, Reading PA Councilor Twyman moved, seconded by Councilor Reed, to adopt Resolution No. 5-2018.

Councilor Twyman stated that he is pleased to see a new restaurant going in this location. He and Council President Waltman noted the number of great and diverse dining venues in this area. Councilor Slifko stated that the owners plan for the business was impressive. He added that the owner is not seeking a late night venue and plans to operate in a family friendly manner. Councilor Goodman-Hinnershitz stated that the upswing in economic development is this area in impressive. Resolution No. 5-2018 was adopted by the following vote:

Yeas: Goodman-Hinnershitz, Marmarou, Reed, Sihelnik, Slifko, Twyman Waltman, President - 7 Nays: None – 0

C. Resolution 6-2018– appointing the Council Vice President Councilor Goodman-Hinnershitz moved, seconded by Councilor Reed, to appoint Councilor John Slifko as Council Vice President. There were no other nominations. Councilor Reed thanks Council for allowing her to serve as Council Vice President. She expressed the belief that others should have the opportunity to fill this position if they are interested in doing so. She expressed the belief that Councilor Slifko has the skill sets necessary to do an excellent job. Councilor Twyman stated that he supports this appointment for Council Vice President. Resolution No. 6-2018 was adopted by the following vote:

Yeas: Goodman-Hinnershitz, Marmarou, Reed, Sihelnik, Twyman, Waltman, President - 6 Nays: None – 0 Abstention – Slifko - 1

D. Resolution 7-2018– appointing the City Clerk for a two (2) year term Councilor Slifko moved, seconded by Councilor Reed, to appoint Linda Kelleher as City Clerk. There were no other nominations.

Councilor Goodman-Hinnershitz noted the important role the City Clerk plays in this form of government and the need for consistent communication across many different spectrums. She stated that she is pleased with Ms. Kelleher’s consistency over many years of service. Councilor Slifko stated that he appreciate the work ethic, institutional knowledge, dedication and passion Ms. Kelleher brings to the position. Councilor Reed noted that the City Clerk needs to handle a variety of sensitive issues which requires sometimes stepping away from the line of fire. She stated that the many years Ms. Kelleher has dedicated to the position speak to the stability of the Council office. Council President Waltman agreed. Resolution No. 7-2018 was adopted by the following vote:

Yeas: Goodman-Hinnershitz, Marmarou, Reed, Sihelnik, Slifko, Twyman Waltman, President - 7 Nays: None – 0

E. Resolution 8-2018– authorizing the execution of the Reading 18th Wonder Project PennDOT reimbursement grant agreement Councilor Goodman-Hinnershitz moved, seconded by Councilor Sihelnik, to adopt Resolution No. 8-2018. Councilor Sihelnik explained her involvement with this group and the impressive work they have done to encourage improvements in the 18th Ward area. The managing director explained that this grant funding will be used to provide new handicapped curb ramps in this area. He noted that the federal ADA is making the City replace all the handicapped curb ramps installed by the City in the 1980s and this grant funding will provide financial assistance to complete the project in this area. Resolution No. 8-2018 was adopted by the following vote:

Yeas: Goodman-Hinnershitz, Marmarou, Reed, Sihelnik, Slifko, Twyman Waltman, President - 7 Nays: None – 0

COUNCIL COMMENT Council President Waltman performed the annual tradition of cutting the Vasilopita Bread provided by Councilor Marmarou. He read the tradition passed down through the Greek community and shared the bread with those still present. Councilor Slifko congratulated Councilor Sihelnik for the great article about her in the Reading Eagle and her work to bring a farmer’s market back into the City. He also noted the great article about the plan to improve the downtown. He reported that Centre Park Executive Director is currently recovering from surgery. Councilor Goodman-Hinnershitz announced the Fire and Ice event in the downtown over the upcoming weekend. Council President Waltman thanked the administration for their support to downtown development. Councilor Reed noted the recent passing of several former Reading Eagle Editors and noted their passion for the tradition of independent journalism. Councilor Sihelnik thanked all for the warm welcome. Council President reviewed the upcoming Council meeting schedule, noting that the Committee of the Whole meeting scheduled for Monday, January 15th has changed to Thursday, January 18th. Councilor Tywman moved, seconded by Councilor Marmarou, to adjourn the regular meeting of Council.

Respectfully submitted by Linda A. Kelleher CMC, City Clerk

TO: City Council FROM: Fire Chief William I. Stoudt, Jr. PREPARED BY: Fire Chief William I. Stoudt, Jr. MEETING DATE: January 22, 2018 AGENDA MEMO DATE: January 16, 2018 REQUESTED ACTION: Authorize the Hiring of 5 Firefighters and 2 Paramedic/Firefighters RECOMMENDATION The Mayor and Fire Chief recommend the hiring of the following Civil Service Testing Candidates:

For the position of Paramedic/Firefighter: Paul Brutto Thomas McClafferty

For the position of Firefighters: William Corvese Wade VanBuskirk Cody Schaeffer Paul Dudan Kurtis Knauss

BACKGROUND There are current vacancies as a result of retirements and promotions. The above named candidates took the written, physical agility and oral examination for the position of Firefighter and/or Paramedic/Firefighter and are among the top candidates on the current certified list. BUDGETARY IMPACT These funded positions have become vacant due to retirement or promotion and are part of the current year’s budget, in addition, these hiring’s will lessen the departments need to fill current vacancies with overtime. PREVIOUS ACTIONS None SUBSEQUENT ACTION Council to take action to approve a resolution to authorize the above names candidates to the positions listed.

AGENDA MEMO

FIRE DEPARTMENT

RECOMMENDED BY The Mayor and Fire Chief recommend approval. RECOMMENDED MOTION Approve/deny the resolution authorizing the hiring of the named individuals to the positions listed.

Drafted by City Clerk Sponsored by/Referred by Fire Chief Introduced on N/A Advertised on N/A

R E S O L U T I O N NO.___ 2018

THE COUNCIL OF THE CITY OF READING HEREBY RESOLVES AS FOLLOWS: Authorizing conditional offers of employment to the following probationary Firefighters and Paramedic/Firefighters to be effective February 1, 2018:

For the position of Paramedic/Firefighter: Paul Brutto Thomas McClafferty For the position of Firefighters: William Corvese Wade VanBuskirk Cody Schaeffer Paul Dudan Kurtis Knauss

The department’s offer of employment is conditional upon successful completion of the required training.

Adopted by Council__________________________, 2018

________________________________ Jeffrey Waltman

President of Council Attest: _______________________ Linda A. Kelleher CMC City Clerk

Q

Drafted by Asst. Solicitor Sponsored by/Referred by Public Works Introduced on N/A Advertised on N/A

RESOLUTION NO. _________ 2018

RESOLUTION FOR TO AUTHORIZE THE MAYOR TO EXECUTE A

SETTLEMENT OF OUTSTANDING SEWER FEES

WHEREAS, Evergreen Community Power, LLC, a Delaware Limited Liability Company and Interstate Resources, Inc., are sewer customers of the City of Reading; and

WHEREAS, Evergreen Community Power, LLC, a Delaware Limited Liability Company and Interstate Resources, Inc. has not received invoices for sewer services or paid sewer fees since 2009; and

WHEREAS, the City of Reading and Evergreen Community Power, LLC, a

Delaware Limited Liability Company and Interstate Resources, Inc. have reviewed the historical water and sewer flow records for that period and based on that data have determined a settlement value for the outstanding sewer fees due. NOW, THEREFORE, be it resolved by the members of City Council of the City of Reading, Pennsylvania, as follows: RESOLVED, the Mayor is hereby authorized to execute a settlement, a copy of which is attached as Exhibit “A,” to resolve all outstanding sewer payments for Cederpac LLC from 2009 to 2017. Adopted by Council on __________________, 2018 _________________________________ Council President

ATTACHMENT “A”

SETTLEMENT AGREEMENT

THIS AGREEMENT dated this ____ day of January, 2018 is by and between

CITY OF READING (“City”) a Pennsylvania Third Class City with its principal offices

located at 815 Washington Street, Reading, Pennsylvania and EVERGREEN

COMMUNITY POWER, LLC, a Delaware Limited Liability Company and INTERSTATE

RESOURCES, INC., a Delaware corporation both with an address of 720 Laurel Street,

Reading, Pennsylvania 19602, and

WHEREAS, the City provides sewer services to customers in the City of

Reading and bills for such services through Reading Area Water Authority, which acts

only as the billing agent for City;

WHEREAS, Evergreen Community Power, LLC and Interstate Resources, Inc.

have been and are customers of City;

WHEREAS, there have been certain issues that have arisen regarding billing

for sewer services supplied by the City to Evergreen Community Power, LLC and

Interstate Resources, Inc;

WHEREAS, Evergreen Community Power, LLC and Interstate Resources, Inc.

acknowledge that both of them used sewer services provided by City;

WHEREAS, City, Evergreen Community Power, LLC and Interstate Resources,

Inc. confirm that Evergreen Community Power, LLC and Interstate Resources, Inc.

have paid the invoices submitted by City;

WHEREAS, Evergreen Community Power, LLC and Interstate Resources, Inc.

made a good faith attempt to validate the invoices submitted by City in 2012 and were

informed by City that the invoices were correct;

WHEREAS, it has been discovered that invoices in the past submitted by City

to Evergreen Community Power, LLC and Interstate Resources, Inc. were based on

errors in the reading of meters;

WHEREAS, Evergreen Community Power, LLC and Interstate Resources, Inc.

have, since the discovery of the meter reading error, paid the correct monthly invoices

submitted by Reading Area Water Authority on behalf of City;

WHEREAS, due to the error in meter reading, Evergreen Community Power,

LLC and Interstate Resources, Inc. have not paid City for all sewer services provided

by City to Evergreen Community Power, LLC and/or Interstate Resources, Inc.;

WHEREAS, City and Evergreen Community Power, LLC and Interstate

Resources, Inc. have engaged in good faith negotiations to resolve these billing

issues, with the understanding that City should be paid for sewer services supplied

but that paying the total amount of under invoiced sewer services would cause

hardship to Evergreen Community Power, LLC and Interstate Resources, Inc. and that

Evergreen Community Power, LLC and Interstate Resources, Inc. relied on the past

billings submitted by City possibly causing Evergreen Community Power, LLC and

Interstate Resources, Inc. to forego securing alternative methods of obtaining sewer

services; and

WHEREAS, the parties now desire to resolve completely the issues between

them;

NOW, THEREFORE, it is agreed as follows:

1. The total amount of under billing by City to date has been determined to

be

______________________________________________________________Dollars

($___________).

2. Evergreen Community Power, LLC and Interstate Resources, Inc. have

agreed to pay City the total sum of Seven Hundred Fifty Thousand Dollars

($750,000.00). Said payment will be in a lump sum and will be made within twenty

(20) days of the approval of this Agreement by the City.

3. City, in consideration of the totality of the issues and in order to alleviate

any hardship to Evergreen Community Power, LLC and Interstate Resources, Inc., will

accept the sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) as full

payment for all sewer services provided to Evergreen Community Power, LLC and

Interstate Resources, Inc. through and including the date of this Agreement. This

amount will be in addition to all sums previously paid to date by Evergreen Community

Power, LLC and Interstate Resources, Inc to City for sewer services.

4. In consideration of this payment and acceptance, City agrees that

Evergreen Community Power, LLC and Interstate Resources, Inc. has satisfied its

account in full with City through and including the date of this Agreement and City

releases Evergreen Community Power, LLC and Interstate Resources, Inc. for and

from any claims against Evergreen Community Power, LLC and Interstate Resources,

Inc. which City has or would have regarding any billings for sewer services to

Evergreen Community Power, LLC and Interstate Resources, Inc. prior to the date of

this Agreement.

5. In consideration of the acceptance of the aforesaid payment, Evergreen

Community Power, LLC and Interstate Resources, Inc. hereby release City from any

and all liability for any errors in any meter reading or submission of invoices for sewer

services to Evergreen Community Power, LLC and Interstate Resources, Inc. which

Evergreen Community Power, LLC and Interstate Resources, Inc. have or would have

for any reason prior to the date of this Agreement.

6. The parties understand and acknowledge that this Agreement constitutes a

compromise and settlement of disputed claims. No action taken by the parties hereto, or

any of them, either previously or in connection with this Agreement, shall be deemed or

construed to be an admission of the truth or falsity of any claims heretofore made or an

acknowledgment or admission by any party of any fault or liability, whatsoever, to the

other parties or to any third party.

7. City represents and warrants that it has not heretofore assigned,

transferred, or purported to assign or transfer, to any person or entity any claim or other

matter herein released.

8. The parties shall each bear their own costs, attorneys’ fees and other fees

incurred in connection with this Agreement.

9. This Agreement contains the entire agreement between the parties

pertaining to the subject matter contained in it and supersedes any and all prior and/or

contemporaneous oral or written negotiations, agreements, representations, and

understandings. The parties, and each of them, understand that this Agreement is made

without reliance upon any inducement, statement, promise, or representation other than

those contained within this Agreement.

10. This Agreement shall be construed under and governed by the laws of the

Commonwealth of Pennsylvania.

11. If any provision of this Agreement other than the General Release, or the

application thereof to any person, place or circumstance, shall be held by a court of

competent jurisdiction to be invalid, unenforceable, or void, the remainder of this

Agreement and such provision as applied to other persons, places, and circumstances

shall remain in full force and effect.

12. This Agreement is executed voluntarily and without any duress or undue

influence on the part or behalf of the parties hereto, with the full intent of releasing all

claims.

13. This settlement agreement may be executed in counterparts, each of which

when combined, constitute an original and signed copies may be transmitted by facsimile

or email.

[INTENTIONALLY LEFT BLANK, SIGNATURE LINES ON FOLLOWING PAGE]

CITY OF READING

By:

Attest:

EVERGREEN COMMUNITY POWER, LLC

By: Jim Morgan, President & COO of Interstate Resources, Inc. Attest:

INTERSTATE RESOURCES, INC.

By: Jim Morgan, President & COO of Interstate Resources, Inc. Attest:

Drafted by: Utilities Engineer Sponsored/Referred by: PW Director Introduced on: Dec 18, 2017 Advertised on: Dec 26, 2017

B I L L N O. ______ - 2017

A N O R D I N A N C E

PROVIDING FOR NO PARKING RESTRICTIONS AND LIMITED PARKING ON NORTH SECOND STREET, BOTH SIDES OF THE 000 BLOCK

IN THE CITY OF READING THE CITY OF READING HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City of Reading agrees to restrict parking, and to maintain the

requisite No Parking signs along both sides of North Second Street in the 000 block (between Washington Street and Penn Street), with the

exception of 8 parking spaces to be located along the east side of North Second Street, between Court Street and Penn Street, as depicted on the PennDOT HOP permit drawing titled “Proposed Conditions Plan” prepared by Bogia Engineering, Inc. dated 10/26/2017. The purpose is to comply with the conditions of PennDOT Highway Occupancy Permit No. 134367 and the 2nd and Washington Streets Intersection Improvement Project.

SECTION 2. This ordinance shall become effective ten (10) days after its adoption, in

accordance with Sections 219 & 221 of the City of Reading Home Rule Charter.

Enacted__________________, 2017

________________________________ President of Council

Attest: _____________________________

City Clerk Submitted to Mayor: ___________ Date: ____________ Received by the Mayor’s Office: ___________ Date: ____________ Approved by Mayor: ___________ Date: ____________ Vetoed by Mayor: ___________ Date: ____________

TO: City Council FROM: Pat Beisswanger, Risk & Safety Coordinator PREPARED BY: Pat Beisswanger, Risk & Safety Coordinator MEETING DATE: January 8, 2018 AGENDA MEMO DATE: November 27, 2017 REQUESTED ACTION: To approve three transfers within the 2017 Self Insurance

Fund Budget: $21,000 from line item Water/Sewer Main Breaks into line item Premium Payments; $29,000 from Water/Sewer Main Breaks into line item Incurred Liability Claims; and $350,000 from line item W/C Claims Medical to line item Incurred Liability Claims.

RECOMMENDATION: The Risk & Safety Coordinator is asking Council to approve

these transfers within the Self Insurance Fund to cover deficits currently in the Premium Payments Account and Incurred Liabilities Account.

BACKGROUND: More claims than anticipated were closed and/or settled by

legal staff, causing the account to become deficit. The Premium Payments deficit was caused by the purchase of a new insurance policy for Cyber Liability Insurance and an increase in premium on the City’s Auto Liability Insurance.

BUDGETARY IMPACT: NONE PREVIOUS ACTION: NONE SUBSEQUENT ACTION: NONE RECOMMENDED BY: Donald Pottiger, Controller, Danny Gilmore, Jr., Human

Resources Manager and Pat Beisswanger, Risk & Safety Coordinator

RECOMMENDED MOTION: Approve the following transfers within the Self Insurance

Fund: $21,000 from line item Water/Sewer Main Breaks, Acct# 52-11-00-4130 to line item Premium Payments, Acct# 52-11-00-4752; transfer $29,000 from line item Water/Sewer Main Breaks, Acct# 52-11-00-4130 to line item Incurred Liabilities, Acct# 52-11-00-4749; and transfer $350,000 from W/C Medical line item Acct# 52-11-27-4751 to Incurred Liabilities line item, Acct# 52-11-00-4749.

Drafted by: Risk & Safety Coordinator Sponsored/Referred by: PW Dir Introduced on: Jan 8, 2018 Advertised on:

BILL No. ________________________- 2018

AN ORDINANCE AN ORDINANCE AMENDING THE 2017 CITY OF READING SELF INSURANCE FUND BUDGET BY AUTHORIZING THE TRANSFER OF FUNDS FROM LINE ITEMS WITHIN THE SELF INSURANCE FUND BUDGET. Section 1. Amending the City of Reading 2017 Self Insurance Fund Budget by authorizing three transfers in the Human Resources/Risk & Safety Division to cover deficits in two accounts in the Risk & Safety Division Self Insurance Fund Budget:

1. Transferring $21,000 from Water/Sewer Main Breaks, Acct# 52-11-00-4130 to the Premium Payments Acct# 52-11-00-4752.

2. Transferring $29,000 from Water/Sewer Main Breaks, Acct # 52-11-00-4130 to the Incurred Liability Claims Acct # 52-11-00-4749; and

3. Transferring $350,000 from W/C Claims Medical, Acct # 52-11-27-4751 to the Incurred Liability Claims Acct # 52-11-00-4749.

Section 2. This Ordinance shall become effective ten (10) days after its adoption, in accordance with Sections 219 & 221 of the City of Reading Home Rule Charter. Enacted: ________________________, 2018 ________________________________ President of Council Attest: ______________________________

City Clerk Submitted to Mayor: ________________________ Date: _______________________ Received by the Mayor’s Office: ______________ Date: _______________________ Approved by Mayor: ________________________ Date: _______________________ Vetoed by Mayor______________ Date:________________________

Drafted by: Deputy City Clerk Referred by: Board of Health Introduced on: January 8, 2018 Advertised on:

ORDINANCE _______ - 2018

AN ORDINANCE OF THE CITY OF READING AMENDING THE CODE OF

ORDINANCES CHAPTER 540 - TATTOO AND PIERCING ESTABLISHMENTS TO CORRECT THE DEFINITION OF CONTAMINATED WASTE/BIOLOGICAL

WASTE/BIOHAZARD WASTE THE COUNCIL OF THE CITY OF READING HEREBY ORDAINS AS FOLLOWS: SECTION 1. The Code of Ordinances of the City of Reading is hereby amended to correct the definition of “Contaminated Waste/Biological Waste/Biohazard Waste” in Chapter 540 – Tattoo and Piercing Establishments, Section 540-103 Word usage and definitions to read:

CONTAMINATED WASTE/BIOLOGICAL WASTE/BIOHAZARD WASTE. Any liquid or semiliquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semiliquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in 29 Code of Federal Regulations Part 1910.1030 (latest edition), known as “Occupational Exposure to Bloodborne Pathogens” and/or PA Chapter 284 Infectious and Chemotherapeutic Waste. 105 CMR 480.000 “Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste.”

SECTION 2: All relevant ordinances, regulations and policies of the City of Reading, Pennsylvania not amended shall remain in full force and effect. SECTION 3: If any section, subsection, sentence or clause of this ordinance is held for any reason to be invalid such decision shall not affect the validity of the remaining portions of the Ordinance. Section 4: This Ordinance shall become effective in ten (10) days in accordance with Charter Section 219 after passage.

Enacted _____________________, 2018

_______________________________ Council President

Attest: ________________________ City Clerk Submitted to Mayor: ______________ Date: ___________ Received by the Mayor’s Office: ______________ Date: _____________ Approved by Mayor: ___________ Date: ________________ Vetoed by Mayor: ___________ Date: _____________

Drafted by: Asst. Solicitor Referred by: Public Works Introduced on: January 22, 2018 Advertised on: Feb 5, 2018

BILL NO. _________ 2018 AN ORDINANCE AMENDING THE SOLID WASTE ORDINANCE, SECTION 496, PART 2, OF THE CITY OF READING CODIFIED ORDINANCES TO ADD A CURBSIDE WASTE FEE

WHEREAS, keeping the City’s streets, sidewalks and neighborhoods clean and clear of any waste is an important part of the City’s duty to protect the health, safety and welfare of the community; and

WHEREAS, the City is required under this Part and Pennsylvania law to establish a program for the removal of solid waste and recycling; and

WHEREAS, the City must implement a fee to cover the reasonable costs of the collection of municipal waste and recyclable materials; and

WHEREAS, the City has always applied for and received available Act 101 grants and has maximized potential revenue through the sale of recyclable materials. THE COUNCIL OF THE CITY OF READING HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Amending the Solid Waste Ordinance, Section 496-208 as follows: § 496-208 Curbside Waste Collection Fee;

1. There is hereby imposed upon the owner of each dwelling unit who, pursuant to

§ 496-204 (A), participates in the City’s municipal waste program an annual fee for the removal of Curbside Waste as defined in this part.

2. The Director of Public Works shall submit an annual report by October 1 to City

Council detailing projected expenses and revenues for the upcoming year and recommend a service fee to cover all the costs associated with the collection and removal of all Curbside Waste that exceed the amount available through Act 101 grants, the marketing and sale of recyclable materials, and any other Act 101-approved revenue source. The report shall specifically detail the amount of the Curbside Waste fee that is imposed to cover the costs associated with the collection of municipal waste, which shall be used to determine the amount of the fee imposed upon owners of single-family dwellings and multifamily dwellings with four or fewer residential units who do not participate in the City’s municipal waste program..

SECTION 2. This Ordinance shall be effective ten (10) days after adoption pursuant to City of Reading Home Rule Charter Article II Section 219.

Adopted__________________, 2018 _________________________________

Council President Attest: ____________________________________ City Clerk Submitted to Mayor: ___________ Date: ____________ Received by the Mayor’s Office: ___________ Date: ____________ Approved by Mayor: ___________ Date: ____________ Vetoed by Mayor: ___________ Date: ____________